Exhibit 10.37
SABINE PASS LNG, L.P.
CONTRACT CHANGE ORDER FORM
(for use when the Parties execute the Change Order pursuant to Section 32 of the General Conditions)
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PROJECT NAME: | | Sabine Pass LNG Project (Phase 2) |
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CHANGE ORDER NUMBER: | | 001 |
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DATE OF CHANGE ORDER: | | December 13, 2006 |
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CONTRACTOR: | | Zachry Construction Corporation and Diamond LNG LLC (ZDLNG Consortium) |
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DATE OF AGREEMENT: | | July 21, 2006 |
The Agreement between the Parties listed above is charged as follows:(attach additional documentation if necessary)
Description of Changes:
| 1. | Increase Tank Contract price by $1,855,200 for the changes in he commodity price of 9% nickel steel as per Exhibit “C”, Appendix C-1. Refer to Sabine pass LNG, L.P. letter dated August 22, 2006 and ZDLNG Consortium memo ZD-B-0030, attached. |
| 2. | Decrease Tank Contract price ($250,000) for cost reductions by using Ultraflote bolted suspended deck and provide a schedule savings of 5 working days to the Target Completion Date. Reference ZDLNG Consortium memo ZD-SPLNG-0002 attached. |
| 3. | As a result of delays in the start to tank pile driving due to FERC review activity, change the Tank Contract Milestone Dates for the Mechanical Completion of Tank S-104 from March 24, 2009 to May 19, 2009 and change the date for Mechanical Completion of Tank S-105 from June 3, 2009 to July 29, 2009. Refer to attached ZD-SPLNG-0039 rev 1, Changer Order Request 001a – Production Pile Installation Delay. |
Adjustment to Contract Price:
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The original contract price was | | $ | 134,086,293 |
Net Change by previously authorized Change Orders | | $ | 0 |
The Contract Price prior to this Change Order | | $ | 134,086,293 |
The Contract Price will be increase <decrease> by this Change Order amount of | | $ | 1,605,200 |
The New Contract Price including this Change Order will be | | $ | 135,691,493 |
Upon execution of this Change Order by Sabine Pass LNG, L.P. and ZDLNG Consortium the above referenced change shall become a valid and binding part of the original agreement without exception or qualification unless noted in this Change Order. Except as modified by this and any previously issued Change Orders, all other terms and Condition of the Agreement shall remain in full force and effect. This Change Order is executed by each of the Parties’ duly authorized representatives.
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Company: Sabine Pass LNG L.P. | | | | Contractor: ZDLNG Consortium |
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Authorized Signature: | | /s/ Ed Lehotsky | | | | Authorized Signature: | | /s/ Dan Pratt /s/ Hidekazu Shibuya |
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Name: | | Ed Lehotsky | | | | Name: | | Dan Pratt Hidekazu Shibuya |
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Title: | | Director of LNG Projects | | | | Title: | | Diamond LNG Secretary Zachry Operations |
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Date of Signing: | | 2/8/007 | | | | Date of Signing: | | 2/6/07 2/6/07 |
CHANGE ORDER FORM
(for use when the Parties execute the Change Order pursuant to Section 32 of the General Conditions)
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PROJECT NAME: | | Sabine Pass LNG Project (Phase 2) |
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CHANGE ORDER NUMBER: | | 002 |
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DATE OF CHANGE ORDER: | | April 9, 2007 |
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PURCHASER: | | Sabine Pass LNG, L.P. |
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TANK CONTRACTOR: | | Diamond LNG, LLC and Zachry Construction Corporation |
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CONTRACT NO. | | 25279-004-OC2-MTD0-00002 |
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DATE OF AGREEMENT: | | July 21, 2006 |
The Agreement between the Parties listed above is charged as follows:(attach additional documentation if necessary)
Description:
This Change Order No. 002 is issued to modify Contract Exhibit “B” Section SC-15 INVOICING AND PAYMENT, Paragraph 15.13 as defined on Page 2 of 2 of this Change Order Form.
Pricing & Cost:
This Change Order No. 002 does not have any cost impact to the Total Contract Price.
Schedule:
This Change Order No. 002 does not have any impact to the Contract Milestones Dates.
Adjustment to Contract Price:
| | | |
The original contract price was | | $ | 134,086,293 |
Net Change by previously authorized Change Orders | | $ | 1,605,200 |
The Contract Price prior to this Change Order | | $ | 135,691,493 |
The Contract Price will be increased <decreased> by this Change Order amount of | | $ | 0.00 |
The New Contract Price including this Change Order will be | | $ | 135,691,493 |
Upon execution of this Change Order by Sabine Pass LNG, L.P. and Diamond LNG, LLC and Zachry Construction Corporation the above referenced change shall become a valid and binding part of the original agreement without exception or qualification unless noted in this Change Order. Except as modified by this and any previously issued Change Orders, all other terms and Condition of the Agreement shall remain in full force and effect. This Change Order is executed by each of the Parties’ duly authorized representatives.
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Purchaser: | | | | Tank Contractor: |
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Sabine Pass LNG, L.P. | | | | Diamond LNG, LLC and Zachry Construction Corporation |
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By: | | Sabine Pass LNG-GP, Inc., | | | | | | |
| | Its general partner | | | | | | |
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Authorized Signature: | | /s/ Carlos Macias | | | | Authorized Signature: | | /s/ H. Shibuya /s/ Chris Herbold |
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Name: | | Carlos Macias | | | | Name: | | Hidekazu Shibuya Chris Herbold |
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Title: | | Sr. Mgr. Projects | | | | Title: | | DNLG Secretary Pro. Mgr. |
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Date of Signing: | | 4/9/07 | | | | Date of Signing: | | May 22, 07 5/22/07 |
Page 1 of 2
The existing language in Contract Exhibit “B” Section SC-15 INVOICING AND PAYMENT, paragraph 15.13 is hereby deleted effective March 26, 2007 and superseded with the following language:
A) Diamond LNG, LLC and Zachry Construction Corporation shall submit the original invoice to:
Billing Address:
Sabine Pass LNG, LP
c/o Bechtel Corporation
P.O. Box 7700
Glendale, AZ 85312-700
Attention: Accounts Payable (Job No. 25279)
Reference: Contract No. 25279-004-OC2-MTD0-00002
B) In addition,
Diamond LNG, LLC and Zachry Construction Corporation shall submit one (1) copy of all invoices to:
Mail Address:
Bechtel Corporation
9243 Gulf Beach Highway 82, Cameron, Louisiana 70631
Attention: Subcontracts Department
Reference: Contract No. 25279-004-OC2-MTD0-00002
Page 2 of 2
CHANGE ORDER FORM
(for use when the Parties execute the Change Order pursuant to Section 32 of the General Conditions)
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PROJECT NAME: | | Sabine Pass LNG Project (Phase 2) |
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CHANGE ORDER NUMBER: | | 003 |
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DATE OF CHANGE ORDER: | | May 24, 2007 |
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PURCHASER: | | Sabine Pass LNG, L.P. |
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TANK CONTRACTOR: | | Diamond LNG, LLC and Zachry Construction Corporation |
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CONTRACT NO. | | 25279-004-OC2-MTD0-00002 |
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DATE OF AGREEMENT: | | July 21, 2006 |
The Agreement between the Parties listed above is charged as follows:(attach additional documentation if necessary)
Description:
Compensate ZDLNG Consortium for costs incurred resulting from FERC permit delays. Refer to Sabine Pass LNG, L.P. letter SP@-MZ-C-012 dated May 7, 2007 and ZDLNG Consortium letter ZD-SPLNG-0012 dated March 29, 2007 and ZD-SPLNG-0014 dated May 23, 2007, attached.
Schedule:
This Change Order No. 002 does not have any impact to the Contract Milestones Dates.
Adjustment to Contract Price:
| | | |
The original contract price was | | $ | 134,086,293 |
Net Change by previously authorized Change Orders | | $ | 1,605,200 |
The Contract Price prior to this Change Order | | $ | 135,691,493 |
The Contract Price will be increased <decreased> by this Change Order amount of | | $ | 121,054 |
The New Contract Price including this Change Order will be | | $ | 135,812,547 |
Upon execution of this Change Order by Sabine Pass LNG, L.P. and Diamond LNG, LLC and Zachry Construction Corporation the above referenced change shall become a valid and binding part of the original agreement without exception or qualification unless noted in this Change Order. Except as modified by this and any previously issued Change Orders, all other terms and Condition of the Agreement shall remain in full force and effect. This Change Order is executed by each of the Parties’ duly authorized representatives.
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Purchaser: | | | | Tank Contractor: |
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Sabine Pass LNG, L.P. | | | | Diamond LNG, LLC and Zachry Construction Corporation |
| | | | |
By: | | Sabine Pass LNG-GP, Inc., | | | | | | |
| | Its general partner | | | | | | |
| | | | | | | | |
| | | | |
Authorized Signature: | | /s/ Carlos Macias | | | | Authorized Signature: | | /s/ H. Shibuya /s/ Chris Herbold |
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Name: | | Carlos Macias | | | | Name: | | Hidekuza Shibuya Chris Herbold |
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Title: | | Sr. Mgr. Projects | | | | Title: | | DLNG Secretary Pro. Mgr. |
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Date of Signing: | | May 24, 2007 | | | | Date of Signing: | | 6/5/07 5/25/07 |
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